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Here is the situation: I provide services to a client through a company's platform. The company provides a software that keeps track of the amount of time I spend and automatically bills the client accordingly. Recently I found that due to a technical problem in the software, it was under-billing the amount of time and in the past few years, this has cost me thousands of $$. I talked to the company about it and they are now advising me to claim this money from the client directly trying to convince him about the issue.

I'm now writing to the company and want to express that he would find this claim deceitful. What would be the proper words to express my feeling? I'm considering words like underhanded, deceiving etc.

Also what would be the proper word or phrase for my feeling of being robbed and deprived of my money?

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    Just to be clear, who would find this claim deceitful? Your clients whom you have under-billed, or the company who wrote the software? Typically you'll find that the software has a EULA that specifically disclaims it being fit for any particular use and limits liability to the purchase price of the software. – Jim Aug 21 '15 at 4:08
  • @Jim: Yeah, I mean the client would find the claim deceitful. – dotNET Aug 21 '15 at 4:09
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    deceitful means that they would think you are lying to them. Why would they think that if you explain the situation? I can understand that they might think that it was your mistake and that they've "already paid you" and might expect you to "eat" the difference, but I wouldn't think you were lying to me. – Jim Aug 21 '15 at 4:12
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    I think you need to keep all the words you're looking for out of the letter (at least the first one you send them). Just present your case. I'd be considering words like lawyer to use in a letter sent to the company that provided the software. The client is not responsible for your botched equipment. Client needs a letter from the 'company' (good luck having them cop to it, that would probably make them liable). – Mazura Aug 21 '15 at 4:21
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    This is an issue more suited for legal/financial advice. I completely agree with @Mazura that this is a matter for lawyers to address. You are understandably upset, but you definitely need to have a thorough review (by said lawyer, or similar) of any agreements you have with the intermediary company, and I would absolutely avoid escalating the matter (with either party) via any sort of accusatory wording. – Crumbs Aug 21 '15 at 4:28
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You have suffered a financial loss TFD

nonpayment, nonremittal, default - loss resulting from failure of a debt to be paid

If you came to me claiming that I owed you money when I paid the bill you sent me I wouldn't see that as deceitful so much as incompetent. A perception that would likely harm your business further.

If you are not the only client this happened to then you may have grounds for a class action suit. But like Danny Devito said in Other People's Money, "Lawyers are like nuclear weapons. I gotta have mine because they have theirs. But once you use them they screw everything up."

The smart play is convince them you're willing and prepared to go to court so they will offer a decent settlement. How to do that without blowing more money then you stand to gain goes well beyond what I'm competent to advise you.

Also what would be the proper word or phrase for my feeling of being robbed and deprived of my money?

If the offending party had taken your money I'd say cheated. But since all they did was fail to perform the job you trusted them to do I'd say the better word would be betrayed.

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  • Hmmm... I like that word "betrayed". It conveys my feelings and their incompetence quite comprehensively. About your other point, literally thousands of people use that software, so I'll see how we can proceed in this regard. – dotNET Aug 21 '15 at 9:35

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